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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 7987
Experience:  English solicitor with over 12 years experience
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Cancelled an order on a garden office, after 4 weeks.

Customer Question

Cancelled an order on a garden office, after 4 weeks. Delivery not til December 2021. Deposit made £4123 on an total cost of £27000. We saw not signed any terms and conditions only the order re details of what is I referred and amount. Order cancelled due to illness and office no longer required. can we get our deposit back - supplier says no thanks
JA: Where are you? It matters because laws vary by location.
Customer: cheshire.
JA: What steps have you taken so far?
Customer: Phone calls - then a letter stating we are happy to out deposit towards a Gazebo costing approx 5k. They will only give us 1k and this must go towards gazebo. Thank you
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: supplier states due to contract law they have a right to keep deposit due to claim all losses inc. loss on a cancelled order.
Submitted: 15 days ago.
Category: Law
Expert:  UKSolicitorJA replied 15 days ago.

Hello,

I am a solicitor. Please upload a copy of the contract/terms and conditions.

Customer: replied 15 days ago.
www.Olympiangardenbuildings.co.Uk. Link to T&C. We did not see this as only on website and not presented on order we signed. Thank you
Customer: replied 15 days ago.
No texting if fine just now thank you
Customer: replied 15 days ago.
Copy of letter sent to us:
Thanks for allowing me the time to look into this matter for you.
I will do my best to set out our position and answer your questions.
With regards ***** ***** deposit, as you noted, our terms set out that the deposit is non-refundable. Furthermore, contract law would also set out that we are allowed to claim all losses. Such losses would include the profit on a cancelled contract. On this basis, we would assess this from both the gross and the net ratios from our accounts as well as the costing of similar products to that in your contract. In addition we would assess the costs of such as the administration in creating the technical elements of your particular individual design, manufacture and procurement.
Such losses would greatly in excess of the deposit we hold.
We then come to how we view a potential new contract and thus the quantum of a potential agreement.
The Gazebos are a bought in product with a far lower profit factor and the order value would seem to be substantially lower.
I note that Nick is willing to allow you to transfer £1000 from the deposit on the cancelled order to a potential new order for a Gazebo.
This seems a very reasonable figure but one that I may be able to revisit once the actual final nature of new order becomes clear.
If I have overlooked some element of this discussion then please advise.
Kind Regards; Barry
Thanks for allowing me the time to look into this matter for you.
I will do my best to set out our position and answer your questions.
With regards ***** ***** deposit, as you noted, our terms set out that the deposit is non-refundable. Furthermore, contract law would also set out that we are allowed to claim all losses. Such losses would include the profit on a cancelled contract. On this basis, we would assess this from both the gross and the net ratios from our accounts as well as the costing of similar products to that in your contract. In addition we would assess the costs of such as the administration in creating the technical elements of your particular individual design, manufacture and procurement.
Such losses would greatly in excess of the deposit we hold.
We then come to how we view a potential new contract and thus the quantum of a potential agreement.
The Gazebos are a bought in product with a far lower profit factor and the order value would seem to be substantially lower.
I note that Nick is willing to allow you to transfer £1000 from the deposit on the cancelled order to a potential new order for a Gazebo.
This seems a very reasonable figure but one that I may be able to revisit once the actual final nature of new order becomes clear.
If I have overlooked some element of this discussion then please advise.
Kind Regards; Barry
Expert:  UKSolicitorJA replied 15 days ago.

Do you have the terms and conditions?

Expert:  UKSolicitorJA replied 15 days ago.

Do you have any written orders? I am afraid I am unable to access the link due to a security issue.

Customer: replied 15 days ago.
Order signed: Mr & Mrs Simpson*****Allostock Knutsford Cheshire
WA16 9LQ
Via email:***@******.***
Mr & Mrs Simpson
Many thanks for confirmation of your order.
Please see the below order specifications, layout and configuration.
ORDER
Size:
• 4.5m x 3.5m
Walls:
• 4" x 2" framework @400mm centres
• 90mm Kingspan insulation
• 11mm OSB boarding
• 22mm baton
• 18mm secret nailed Kiln Dried 1st grade cedar cladding (zero knots)
Roof
• Engineered ‘I’ beam roof trusses
• 400mm centre spacing of roof trusses
• 18mm OSB boards
• 120mm Kingspan insulation
• Flat roof internally
• 650mm projection over front aspect
07/04/2021
OLYMPIAN SHEDS LTD • VAT REG. NO.(###) ###-####43 • REG. NO.(###) ###-####Finduson
• 120mm projection over rear
• Firestone rubber roof covering
• Guttering and fall pipe
• Soffit vents to front and rear to create vented cavity
Plastering
• Moisture resistant plasterboard
• Internally skimmed
Floor
• 4" x 2" framework
• 22mm T&G floor board
• 18mm exterior plywood covering
• 60mm Kingspan insulation between floor joists
Windows and doors
• 3000mm wide x 1960mm tall Aluminium ‘Räum’ Bi fold doors to front aspect
• Doors to open from Left - Right
• Doors positioned centrally within 4.5m front aspect
• 650mm wide x 1960mm tall, full length aluminium window within LHS side wall
• No windows within RHS wall
• 28mm energy efficient double glazing
Internal finish
• 5” Primed MDF skirting
• Quick Step ‘Impressive Ultra’ range of flooring
• Unpainted internal finish (plaster ready for painting)
External finish
• Natural cedar untreated finish
Electrics
• Brushed chrome fittings throughout
• 4 Spotlights in canopy
• 2 up / down lights either side of doors
OLYMPIAN SHEDS LTD • VAT REG. NO.(###) ###-####43 • REG. NO.(###) ###-####Finduson
• • •
Decking
• •
8 Internal downlights 4 Double sockets Consumer unit
1m deep x 4.5m wide decking to front of building Anthracite grey composite decking
4.5m
3.5m
Price
£27,550
This price is inclusive of installation and VAT.
As agreed, our revised payment schedule is as follows:
Part deposit (15%)
£4132.50
Remainder of deposit (10% - Due 30/07/2021)
£2755
0.6m
OLYMPIAN SHEDS LTD • VAT REG. NO.(###) ###-####43 • REG. NO.(###) ###-####Finduson
Payment 7 days prior to installation
£17,907.50
Balance on completion
£2755
I have sent a separate email over to you with regards ***** ***** base. The payment for the base would be due on completion of the base work.
Please don’t hesitate to come back to me with any questions.
Best regards,
***** *****
Order Confirmed:
Date:
pmasimpson
pmasimpson (Apr 10, 2021 11:40 GMT+1)
Apr 10, 2021
OLYMPIAN SHEDS LTD • VAT REG. NO.(###) ###-####43 • REG. NO.(###) ###-####Finduson OLYMPIAN SHEDS LTD • VAT REG. NO.(###) ###-####43 • REG. NO.(###) ###-####Finduson
Mr & Mrs Simpson ORDER
Final Audit Report 2021-04-10
"Mr & Mrs Simpson ORDER" History
Document created by Hannah Brown (*****@******.***) 2021-04-07 - 2:33:03 PM GMT- IP address: 212.159.191.227
Document emailed to pmasimpson (*****@******.***) for signature 2021-04-07 - 2:33:27 PM GMT
Email viewed by pmasimpson (*****@******.***) 2021-04-07 - 3:25:42 PM GMT- IP address: 176.249.180.41
Document e-signed by pmasimpson (*****@******.***) Signature Date: 2021-04-10 - 10:40:29 AM GMT - Time Source: server- IP address: 176.249.180.41
Agreement completed. 2021-04-10 - 10:40:29 AM GMT
Created:
By:
Status: Transaction ID:
2021-04-07
Hannah Brown (*****@******.***) Signed CBJCHBCAABAAtZCxH1MYIoRXMZ6jR2Ya6gpcs-bqq7Uv
Expert:  UKSolicitorJA replied 15 days ago.

Thank you.

I am afraid if it was a purpose built/custom made order, you would not be entitled to terminate the order and get a refund, that would be at their discretion.

I am afraid your best option is to try and negotiate with them amicably, otherwise you would lose your deposit in full.

May I help further?

Customer: replied 15 days ago.
Thank you. The actual garden office has to be built with red cedar and not delivered til December- do you think this stands with the same leadtime and we did not sign any reference to conditions? Thank you
Customer: replied 15 days ago.
No as mentioned earlier do not wish to call you yet? could you please just answer last question in order to see if we need to call you or not. Thank you
Expert:  UKSolicitorJA replied 15 days ago.

I am not able to call.

Sorry, it doesn't change anything.

The law is quite clear on bespoke products and no right to cool off.

All the best